2. Murder and Manslaughter Offences - Murder Defined

Question 1

Outline murder in s167 CA61?

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Answer 1

167 Murder defined
Culpable homicide is murder in each of the following cases:
(a) If the offender means to cause the death of the person killed:
(b) If the offender means to cause to the person killed any bodily injury that is known to the offender to be likely to cause death, and is reckless whether death ensues or not:
(c) If the offender means to cause death, or, being so reckless as aforesaid, means to cause such bodily injury as aforesaid to one person, and by accident or mistake kills another person, though he does not mean to hurt the person killed:
(d) If the offender for any unlawful object does an act that he knows to be likely to cause death, and thereby kills any person, though he may have desired that his object should be effected without hurting any one.

Question 2

Outline further definition of murder in s168 CA61?

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Answer 2

168 Further definition of murder
(1) Culpable homicide is also murder in each of the following cases, whether the offender means or does not mean death to ensue, or knows or does not know that death is likely to ensue:
(a) If he means to cause grievous bodily injury for the purpose of facilitating the commission of any of the offences mentioned in subsection (2) of this section, or facilitating the flight or avoiding the detection of the offender upon the commission or attempted commission thereof, or for the purpose of resisting lawful apprehension in respect of any offence whatsoever, and death ensues from such injury:
(b) If he administers any stupefying or overpowering thing for any of the purposes aforesaid, and death ensues from the effects thereof:
(c) If he by any means wilfully stops the breath of any person for any of the purposes aforesaid, and death ensues from such stopping of breath.

Question 3

Ouline Intent in a criminal law context?

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Answer 3

In a criminal law context there are two specific types of intention in an offence.
1. Firstly there must be an intention to commit the act and
2. secondly,an intention to get a specific result.

Question 4

Outline a deliberate act?

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Answer 4

“Intent” means that act or omission must be done deliberately. The act or
omission must be more than involuntary or accidental.

Question 5

Outline intent to produce a result?

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Answer 5

The second type of intent is an intent to produce a specific result. In this context result means “aim, object, or purpose”.

Question 6

If you are charging an offender with murder under s167 what must you show?

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Answer 6

You must show that the defendant:
* intended to cause death, or
* knew that death was likely to ensue, or
* was reckless that death would ensue.

Question 7

Define acting recklessly?

Answer 7

Acting “recklessly” involves consciously and deliberately taking an unjustifiable risk.

Question 8

How is recklessness tested?

Answer 8

Recklessness is a test based on the defendant’s appreciation of the risk of the offence and their decision to run that risk anyway.

Question 9

In relation to recklessness, what does Cameron v R say?

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Answer 9

Recklessness is established if:
(a) the defendant recognised that there was a real possibility
that:
(i) his or her actions would bring about the proscribed
result; and/or
(ii) that the proscribed circumstances existed; and
(b) having regard to that risk those actions were unreasonable

Question 10

Outline R v Tipple?

Answer 10

In R v Tipple the Court suggested as a general rule “recklessness” is to be given the subjective meaning. The concept is subjective in that it requires that the offender know of, or have a conscious appreciation of the relevant risk, and it may be said that it requires “a deliberate decision to run the risk”.

Question 11

In relation to recklessness, in terms of the defendants state of mind, what must be established?

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Answer 11

To show that the defendant’s state of mind meets the provisions of s167(b),
you must establish that the defendant:
* intended to cause bodily injury to the deceased
* knew the injury was likely to cause death
* was reckless as to whether death ensued or not

Question 12

In relation to R v Piri, what did the court say about recklessness?

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Answer 12

Recklessness [here] involves a conscious, deliberate risk taking. The degree of risk of death foreseen by the accused under either s167(b) or (d) must be more than negligible or remote. The accused must recognise a “real or substantial risk” that death would be caused:

Question 13

s167(d) deals with killing in pursuit of an unlawful object. What did the court say in R v Desmond?

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Answer 13

Not only must the object be unlawful, but also the accused must know that his act is likely to cause death. It must be shown that his knowledge accompanied the act causing death.

Question 14

R v McKeown dealt with the subsequent death of the victim where McKeown intended to indecently assualt the victim. What issues did the court look at?

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Answer 14

The Court looked at the following issues:
* whether the defendant knew the acts were likely to cause death, and
* whether the defendant’s original intent of indecent assault amounted to an unlawful object.

Question 15

In relation to the first issue considered by the court in R v Mckeown, what did they find?

Answer 15

“the series of acts of
violence by the accused were virtually continuous and occurred within a very short space of time. There was no evidential basis for suggesting that during the brief attack his state of mind or purpose varied significantly . The
combination of acts resulted in death and there is no principle requiring proof that the accused foresaw precisely how death would occur.”

Question 16

In relation to the second issue considered by the court in R v Mckeown, what did they find?

Answer 16

the Court found the “unlawful object”, referred to in section 167(d) of the Crimes Act 1961, does not need to be the same as that injury that cause’s death.

Question 17

Outline s66(2)?

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Answer 17

66 Parties to offences
(2) Where 2 or more persons form a common intention to prosecute any unlawful purpose, and to assist each other therein, each of them is a party to every offence committed by any one of them in the prosecution of the common purpose if the commission of that offence was known to be a probable consequence of the
prosecution of the common purpose

Question 18

What is the provision established by s66(2) and s168?

Answer 18

Sections 66(2) (parties to offences) and 168 (extended definition of murder) provide for the criminal responsibility of people who are in the course of
carrying out an unlawful purpose when one of them kills someone.

In essence the secondary party must know the prinicipal party might do the act that causes death.

Question 19

What is the consideration in relation to joint responsibility?

Answer 19

Whether reliance is placed on subsection (1) or subsection (2) of s66, it is not necessary to show that the secondary party knew the death was a probable consequence of their carrying out the primary purpose.

Question 20

Outline the punishment of murder?

Answer 20

S172 Punishment of murder
(1) Every one who commits murder is liable to imprisonment for life.
(2) Subsection (1) is subject to section 102 of the Sentencing Act 2002.

Question 21

Outline the effect of S102 SA02?

Answer 21

102 Presumption in favour of life imprisonment for murder
(1) An offender who is convicted of murder must be sentenced to imprisonment for life
unless, given the circumstances of the offence and the offender, a sentence of
imprisonment for life would be manifestly unjust.
(2) If a court does not impose a sentence of imprisonment for life on an offender
convicted of murder, it must give written reasons for not doing so.